Illegal search - Violation of 4th Amendment of Constitution?
This question belongs in the law section but here goes anyhow....if the Police make a drug bust at a single family home and in the course of events they see multiple Hispanic families living there, would an illegal search take place if a local zoning code official also showed up after being summoned by the cops? Assume that the owner of the premises was just taken into custody before the zoning official arrived on site and thus did not give consent to enter. Does the zoning official's actions violate the constitution?
Please state your political affiliation after weighing in. Thank you.
- Anonymous1 decade agoBest Answer
Yes, to enter and search, the Zoning code official needs a warrant.
See Camara v. Municipal Court, 387 U.S. 523 (1967)
- Anonymous1 decade ago
The Fourth Amendment guarantees the right of THE PEOPLE to be free from illegal search and seizure.
But according to liberal logic as applied to the Second Amendment, the words THE PEOPLE really means the government or some government sanctioned organization, acting on behalf of the private individual citizens. A right of THE PEOPLE is not actually a right of private individual citizens themselves, it belongs only to the government or the organization.
So actually your private home is not protected by the Fourth Amendment. As a private citizen, you are not entitled to any protection from illegal search and seizure.
As long as there is some government building somewhere that is considered off-limits to illegal search and seizure, the government has fulfilled its duties under the Fourth Amendment, and the police can just walk right into your private home and loot and plunder at will.
This is the liberal interpretation of the Constitution. Your interpretation may or may not agree...
- TeeknoLv 71 decade ago
It's hard to say, since the only action of the zoning official that you've even mentioned is "showing up" which isn't illegal at all.
I think you're leaving a lot of information out of this scenario,
- consrgreatLv 71 decade ago
No actually the zoning officer does NOT need a warrent to investigate housing violations...